Grand Jury Indicts Central Falls Man

Grand Jury Indicts Central Falls Man

Posted By
Attorney Robert H. Humprhey

As reported in the November 12, 2014 edition of the Providence Journal,
a grand jury has indicted a Central Falls man on several felony charges.
The man was been charged with
assault with a dangerous weapon
, breaking and entering and violation of a protective order. The man used
a knife to assault the woman.

Pursuant to Rhode Island General Laws 11-5-2, every person who shall make
an assault or battery, or both, with a dangerous weapon, or with acid
or other dangerous substance, or by fire, or an assault or battery which
results in serious bodily injury, shall be punished by imprisonment for
not more than twenty (20) years.

Where the provisions of "The Domestic Violence Prevention Act",
chapter 29 of title 12, are applicable, the penalties for violation of
this section shall also include the penalties as provided in § 12-29-5.

(c) "Serious bodily injury" means physical injury that:

(1) Creates a substantial risk of death;

(2) Causes protracted loss or impairment of the function of any bodily
part, member or organ; or

(3) Causes serious permanent disfigurement or circumcises, excises or infibulates
the whole or any part of the labia majora or labia minora or clitoris
of a person.

The charges in this case are domestic charges due to the relationship between
the man and his victim.

Pursuant to R.I.G.L. 11-8-2.2, every person who shall break and enter into
any dwelling house or apartment without the consent of the owner or tenant
at a time when the resident or residents of the dwelling house or apartment
are on the premises, after having been previously convicted of such an
offense, shall be imprisoned for not less than one year and not more than
ten (10) years and shall not be afforded the provisions of suspension
or deferment of sentence nor probation and may in addition be fined not
more than five thousand dollars ($5,000).

(b) Every person convicted pursuant to subsection (a) of this section shall
be ordered to make restitution to the victim of the offense, or to perform
up to five hundred (500) hours of public community restitution work, or
both, or any combination of them approved by the sentencing judge. The
court may not waive the obligation to make restitution and/or public community
restitution work. Restitution and/or public community restitution work
shall be in addition to any fine or sentence which may be imposed and
not in lieu of the fine or sentence; provided, that nothing contained
in this section shall be construed to require the payment of restitution
while the convicted person is imprisoned.